Conventions and legislation

Laws and regulations to conserve biodiversity or to regulate
how it is used have their origins at global, European Union,
national and sub-national level.

At the international level, Conventions are the commonest form of
international agreements between countries, dealing with specific
subjects of common concern. They are often referred to as MEAs
(Multi-lateral Environmental Agreements). Once countries (and any
of their dependent territories) are party to such agreements they
are often required to transpose their requirements into national
law.

These Conventions give rise to much of our national legislation.
For example, a major driver for the 1981 Wildlife
& Countryside Act was to allow UK ratification in 1982 of
the Convention on the Conservation of European Wildlife and Natural
Habitats (Bern
Convention), which had been adopted in Bern, Switzerland, in
1979.

Within the European Community, legislation governing
environmental matters arises mostly - but not exclusively - in one
of two forms. Directives are legislative texts adopted by the
European Union that affect all Member States. They are binding as
to the results to be achieved, but give flexibility to Member
States over the means used to achieve those results. This is, for
example, the approach taken to the Birds Directive and Habitats
Directive.

The other source of legislation is the EU Regulation, which has
direct force of law in EU Member States. One example are the
provisions of Convention on Trade in Endangered Species of Wild
Flora and Fauna (CITES), which require uniform regulation of
trade in wildlife throughout the Community. They are implemented by
EC
Regulations.

At UK level, other legislation has been adopted to address the
need to conserve biodiversity - or mitigate threats to it - but
which are not driven by an international agenda. Nature
conservation policy is also a devolved function and it is likely
that some divergence in approaches to legislation will develop
between the devolved country administrations as long as they are
consistent with international obligations. The Overseas Territories and Crown Dependencies are
self-governing and so also implement their own territorial
legislation for conservation, again subject to international
obligations.